The payout for a medical malpractice case depends entirely on the damages that you have suffered. Personal injury damages are plaintiff-specific, and they depend on a number of factors. In addition, the amount of insurance coverage that the defendant has and their assets also dictate how much money you can receive for your injuries.
Although there are very few certainties in a medical malpractice case, the one thing that is certain is that you stand the best possible chance of maximizing the value of your case when you hire a McLean medical malpractice lawyer to represent you in your lawsuit.
You should not be focused on the average payout for a medical malpractice case, because it may have little to do with your own circumstances. Some types of medical malpractice cases can be worth more than others. For example, if your child suffered a birth injury due to the negligence of the doctor, they can receive a larger payout than a plaintiff who needs to have another knee surgery because the doctor botched the procedure.
If you are too focused on what other plaintiffs may have received in their own medical malpractice cases, you may end up leaving money on the table. You can be vulnerable to accepting a lower settlement offer because you are happy that you got the same amount of money as some nameless and faceless plaintiff that you will never meet.
Compensation in a Medical Malpractice Case
You should be more focused on the compensation that you are entitled to receive for your medical malpractice injuries. The medical professional who is responsible for your injuries must pay you for the full value of the economic and non-economic damages they have caused. Specifically, your medical malpractice compensation can include the following:
- Medical expenses
- Lost income
- Pain and suffering
- Scarring and disfigurement
- Emotional distress
- Embarrassment and humiliation
- Loss of enjoyment of life
It is essential that you know the value of your case before you file a lawsuit. You need to have a firm basis for the amount of money that you are seeking. You want to get enough compensation for your injuries, including future losses, and you have the burden of proof to demonstrate your damages.
A medical malpractice lawyer often works with expert witnesses to understand how your injuries have affected you. The calculation of your damages is one of the most important things in your medical malpractice case, and it is critical that your attorney takes the time to get it right because you will only get one chance to seek compensation for your injuries.
Your Damages Are Unique to Your Own Situation
No two medical malpractice plaintiffs suffer from their injuries in the same exact way. Your damages are unique to you, and there is no such thing as an “average payout” that will apply to your case, since you are anything but average. For example, you may have a higher-paying job that you cannot perform because of your injuries. Thus, the lost income component of your claim will be higher than it might be for someone who either does not work or has a lower-paying job.
You may be more susceptible to developing depression after you have suffered a physical injury, and the defendant should pay you for the pain and suffering that they have caused, regardless of your condition before your injury.
Someone else may have been facing entirely different circumstances from you. When you see an “average” payout figure, it is an aggregation of many people whose circumstances you will never know. Accordingly, you should not be looking at their cases as guidance for yours. The only thing you should be looking to is what your medical malpractice lawyer tells you that your case is worth.
Your Medical Malpractice Lawyer Works to Secure Your Compensation
It is your medical malpractice attorney’s job to work to get you the most possible compensation. They can do this in one of two ways:
- They can negotiate a settlement to your lawsuit before your case goes to trial, which is the most common outcome in a medical malpractice case
- Your medical malpractice lawyer can try your case in court if they cannot reach a settlement agreement, or the defendant insists on fighting your case until the end
In most cases, the defendant will make you a settlement offer at some point in the lawsuit process. They understand the legal risk that they are facing, and they may not want to take a chance of going in front of a jury. A settlement offer is not the same as a settlement agreement, however.
The defendant’s insurance company may offer you much less money than you deserve. Your medical malpractice lawyer may need to negotiate over time to get the defendant to raise their settlement offer. This process can even take years, but it is necessary to secure all the compensation that you are due. The defendant may have every reason to fear your medical malpractice attorney because they know that a tough lawyer can make them pay in court.
There is one factor that can cause your medical malpractice compensation to sharply escalate. If you take your case to trial and win, a jury may award you punitive damages. You will not receive punitive damages if you settle your lawsuit before it reaches a trial. Punitive damages are only available when the jury wants to send a strong message to the medical professional and make an example out of them.
Some states do not have any caps on punitive damages. Even in states that do limit punitive damages in medical malpractice cases, you might still receive a significant amount if the doctor engaged in egregious misconduct. Still, punitive damages are rare in injury claims, so many medical malpractice attorneys advise you to settle your case before it goes to trial if possible.
Hire A Medical Malpractice Attorney
By retaining a personal injury attorney, you can focus on yours or your loved one’s healing and recovery while they handle the legal process. The right law firm will advocate for your rights and ensure that your voice is heard.